Texas Attorney General Opinion: JC-281 Page: 3 of 4
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The Honorable Tony Goolsby - Page 3
You also ask whether the purchase of equipment and materials used exclusively for solid
waste collection, such as garbage trucks and residential trash containers, would be exempt from
competitive bidding as necessary to preserve the public health or safety. See Request Letter, supra
note 1, at 1, 3. In Hoffman v. City of Mt. Pleasant, the exception from the competitive bidding
requirement for a procurement that is necessary to protect or preserve the public health or safety of
the municipality's residents was held applicable for an expenditure "for the construction of a new
septic tank, filter bed, mains, and other replacements and improvements" to the city's sewer system.
Hoffman, 89 S.W.2d at 193. This construction project required the city to purchase materials as well
as services. See id. See also Tex. Att'y Gen. Op. No. DM-4 (1991) at 4 (if dump truck is necessary
to preserve public health or safety, county may purchase it without competitive bidding under
section 262.024(a)(2) of the Local Government Code, a provision virtually identical to Local
Government Code section 252.022(a)(2)). The city council could reasonably determine that
equipment and materials used exclusively for solid waste collection, such as garbage trucks and
residential trash containers, are necessary to preserve the public health or safety, and could then
purchase these items without complying with the competitive bidding provisions in section 252.021
of the Local Government Code.(JC-0281)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JC-281, text, September 7, 2000; (https://texashistory.unt.edu/ark:/67531/metapth274590/m1/3/?rotate=270: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.